Delaware's 2023 marijuana law allows municipalities to zone, but not ban, retail marijuana stores. Wilmington regulates dispensaries through Zoning Code Chapter 48 with locational standards and buffers from sensitive uses.
Under Title 4 Chapter 13 of the Delaware Code, the Office of the Marijuana Commissioner issues retail, cultivation, manufacturing, and testing licenses. Cities may set reasonable zoning rules but may not prohibit licensed retail stores outright. Wilmington's zoning ordinance Chapter 48 confines marijuana retail to commercial and mixed-use districts, requires conditional-use review, and imposes buffers from schools, daycare, and parks consistent with state minimums. Adult retail sales began in 2025 once OMC licensing rolled out.
Operating without a Wilmington zoning approval or state OMC license can trigger zoning enforcement, license revocation, and state criminal penalties.
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See how Wilmington's dispensary zoning rules stack up against other locations.
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